Article 900If there are two or more heirs of the same rank, their shares in inheritance shall be determined by the following items:

( 1)-(3) omitted

( 4) if there are two or more children, lineal ascendants, or siblings, the share in theinheritance of each shall be divided equally; provided that the share in inheritance of an child out of wedlock shall be one half of the share in inheritance of a child in wedlock, and the share in inheritance of a sibling who shares only one parent with the decedent shall be one half of the share in inheritance of a sibling who shares both parents.

In this case,only Child(ren) is/are heir. They share in inheritance eaqually, In addition, although there was a child, if the chihas already passed away, the grandchild will inherit on behalf of the child (art.887 sec2).

As a text, Civil Code 887 (inheritance rights of the child and its transferees) set out the heir.

Article 887

(1)The child of a decedent shall be an heir.

(2)If a decedent’s child has died before the commencement of inheritance, or has lost the right to inheritance by application of the provisions of Article 891 or disinheritance, the child of the decedent’s child shall be an heir as an heir per stirpes; provided that this shall not apply if the child is not a lineal descendant of the decedent.

(3)The provision of the preceding paragraph shall apply mutatis mutandis to the case where an heir per stirpes has died before the commencement of inheritance, or has lost the right of inheritance as an heir per stirpes by application of the provisions of Article 891, or by disinheritance.

The inheritance of legitimate child and child who is not legitimate in the past is equal, although there was a difference in the past (900 Civil Code).

iv) if there are two or more children, linealascendants, or siblings, theshare in theinheritance of each shall bedivide : divided equally; provided thattheshare in inheritance of an child out of wedlock shall be one half of theshare in inheritance of a childin wedlock, andtheshare in inheritance of a sibling who shares only one parent theshare in inheritance of a sibling who shares both parentswith thedecedentshall be one half of theshare in inheritance of a sibling who shares both parents.

A “sibling who shares only one parent with thedecedentshall be one half of theshare”.

For statutory inheritance, spouse is three quarters, total of brothers and sisters is one quarter.

For statutory inheritance, in this case, brothers and sisters who share only one parent will be half of brothers and sisters who share the same.

Article 900 If there are two or more heirs of the same rank, their shares in inheritance shall be determined by the following items:

(i) if a child and a spouse are heirs, the child’s share in inheritance and the spouse’s share in inheritance shall be one half each;

The spouse is one half and the child is one person, (2 x number of people) per person. In addition, although there was a child, if the child has already passed away, the grandchild will inherit on behalf of the child (suicide inheritance).

As a text, Civil Code 887 (inheritance rights of the child and its transferees) set out the heir.

Article 887

(1) The child of a decedent shall be an heir. (2) If a decedent’s child has died before the commencement of inheritance, or has lost the right to inheritance by application of the provisions of Article 891 or disinheritance, the child of the decedent’s child shall be an heir as an heir per stirpes; provided that this shall not apply if the child is not a lineal descendant of the decedent. (3) The provision of the preceding paragraph shall apply mutatis mutandis to the case where an heir per stirpes has died before the commencement of inheritance, or has lost the right of inheritance as an heir per stirpes by application of the provisions of Article 891, or by disinheritance.

The inheritance of legitimate child and child who is not legitimate in the past has been different, although there was a difference in the past (900 Civil Code).

Article 890 The spouse of a decedentshall always be an heir. In this case, if there is a person to become an heirpursuant totheprovisions of Article 887 orthe preceding Article, thespouseshall be of the same rank as thatperson

The next question is whether or not there is a child.

First rank heir

Is there any child to the deceased? (In this case, including cases where they have already died, including adopted cases )?